Agreement between User and mellowservices.com
Welcome to mellowservices.com. The mellowservices.com website (the ‘Site’) is composed of various web pages operated by Mellow Services. mellowservices.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of mellowservices.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Privacy
Your use of mellowscrvices.com is subject to Mellow Service’s Privacy Policy. Please review our Privacy Policy (https://mellowservices.com/privacy), which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting mellowservices.com or sending emails to Mellow Services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mellow Services is not responsible for third party access to your account that results from theft or misappropriation of your account. Mellow Services and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Your Data
Mellow Services hereby informs users that it assumes no responsibility for any loss of data or backups that may occur while utilizing our services. Users are advised to regularly backup their data and ensure the implementation of comprehensive data protection measures. Mellow Services shall not be held liable for any data loss, corruption, or damage that may arise due to factors beyond our control, including but not limited to technical glitches, hardware failures, software errors, or unauthorized access.
Users are solely responsible for maintaining their data and implementing suitable backup strategies. Mellow Services recommends that users regularly create and store backups of their important data on external storage devices or cloud-based solutions. While we strive to provide a secure and reliable environment for our services, users acknowledge and agree that any data loss or damage incurred during their use of Mellow Services is not the responsibility of Mellow Services, its affiliates, or its employees.
By using Mellow Services, users acknowledge that they understand the importance of data backup and take the necessary precautions to safeguard their data. Mellow Services disclaims any liability for direct or indirect damage resulting from data loss or the inability to recover data.
Support
Mellow Services is committed to providing exceptional customer support to enhance your experience with our services. However, please note that our support services are intended to address issues directly related to Mellow Services and its offerings.
For any inquiries, concerns, or technical assistance related to our services, we kindly request that you direct these questions through Mellow Services. If you have any other questions or encounter issues related to any software, we encourage you to seek assistance directly from the developers of the software.
This approach ensures a streamlined support process and enables us to focus on resolving matters specific to Mellow Services efficiently. We appreciate your understanding and cooperation in adhering to these guidelines for seeking support.
Should you have any questions about our support policies or require assistance with Mellow Services, please do not hesitate to reach out to us at support@mellowservices.com or by opening a ticket in discord or via the billing panel (https://billing.mellowservices.com).
Children Under Thirteen
Mellow Services does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use mellowservices.com only with the permission of a parent or guardian.
Links to Third Party Sites, Third Party Services
Mellowservices.com may contain links to other websites (‘Linked Sites’). The Linked Sites are not under the control of Mellow Services and Mellow Services is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mellow Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mellow Services of the site or any association with its operators. Certain services made available via mellowservices.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the mellowservices.com domain, you hereby acknowledge and consent that Mellow Services may share such information and data with any third party with whom Mellow Services has a contractual relationship to provide the requested product, service, or functionality on behalf of mellowservices.com users and customers.
No Unlawful or Prohibited Use/intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use mellowservices.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mellow Services that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms. Some prohibited actions are, but not limited to
- Network Stress Testing
- Participating and or organizing a (D)DoS attack
- Hosting a TOR relay and or TOR exit node
- Unauthorized port scanning
- Spoofing IP addresses
- Cryptocurrency mining
- Controlling a botnet
- Pirated software
- Hacking Software
- Email spamming
- Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL/PIRATED FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $150.00 USD CANCELLATION FEE MAY APPLY. ADDITIONALLY, MELLOW SERVICES WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
You may not use our services in any manner which could damage, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of the services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site/Services.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mellow Services or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mellow Services content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Mellow Services and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mellow Services or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any files posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Mellow Services has no obligation to monitor the Communication Services. However, Mellow Services reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mellow Services reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mellow Services always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mellow Service’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mellow Services does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mellow Services specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Managers and hosts arc not authorized Mellow Services spokespersons, and their views do not necessarily reflect those of Mellow Services.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to mellowservices.com or Posted on Any Mellow Services Web Page
Mellow Services does not claim ownership of the materials you provide to mellowservices.com (including feedback and suggestions) or post, upload, input or submit to any Mellow Services Sites or our associated services (collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting your Submission you arc granting Mellow Services, our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Mellow Services is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Mellow Service’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Domain Registration
1.1 Your domain registration will be subject to these terms and conditions.
1.2 You acknowledge that you are responsible for ensuring that the domain name you register does not infringe on any trademark or intellectual property rights.
1.3 You acknowledge that we do not guarantee that the domain name you register will be available for use or that it will not infringe on any trademark or intellectual property rights.
1.4 We reserve the right to refuse any domain registration that we believe, in our sole discretion, to be in violation of our policies or the policies of the domain registry.
Fees and Payment
2.1 You agree to pay all fees associated with the registration of your domain name.
2.2 Payment is due at the time of registration and must be paid with a valid credit card or other accepted payment method.
2.3 You acknowledge that failure to pay any fees associated with the registration of your domain name may result in the cancellation of your registration.
Domains
Domain Renewal
3.1 You are responsible for ensuring that your domain name is renewed prior to its expiration date.
3.2 We will make reasonable efforts to notify you of the expiration date of your domain name prior to its expiration.
3.3 You acknowledge that failure to renew your domain name prior to its expiration may result in the loss of your registration and the domain becoming available for registration by another party.
Transfer of Domain Names
4.1 You may transfer your domain name to another registrar at any time.
4.2 You acknowledge that the transfer of your domain name may be subject to additional fees and that we are not responsible for any fees charged by the gaining registrar.
4.3 We reserve the right to deny any transfer requests that we believe, in our sole discretion, to be in violation of our policies or the policies of the domain registry.
Termination
5.1 We reserve the right to terminate your domain registration at any time for any reason, including but not limited to your breach of these terms and conditions.
5.2 Upon termination of your domain registration, we may delete all data associated with the domain and make the domain available for registration by another party.
Limitation of Liability
6.1 We shall not be liable for any damages arising out of or in connection with the registration or use of your domain name, including but not limited to indirect, incidental, or consequential damages.
6.2 Our maximum liability for any claim arising out of or in connection with the registration or use of your domain name shall not exceed the total amount of fees paid by you to us for the registration of the domain name.
Governing Law
7.1 These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is incorporated.
7.2 Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the jurisdiction in which our company is incorporated.
Third Party Accounts
You will be able to connect your Mellow Services account to third party accounts. By connecting your Mellow Services account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites).
International Users
The Service is controlled, operated and administered by Mellow Services from our offices within the USA- If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mellow Services Content accessed through mellowservices.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Mellow Services, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of third party, or your violation of any applicable laws, rules or regulations. Mellow Services reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mellow Services in asserting any available defenses.
Arbitration
In the event the parties are not able to any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. “IME PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mellow Services agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceedings.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED To THE INFORMATION HEREIN. MELLOW SERVICES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MELLOW SERVICES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. To THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS WITHOUT WARRANTY OR CONDITION OF ANY KIND. MELLOW SERVICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD To THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
To THE MAXIMUM EXTENT PERMITI*ED BY APPLICABLE LAW, IN NO EVENT SHALL MELLOW SERVICES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE To PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MELLOW SERVICES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY To YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS To DISCONTINUE USING THE SITE.
Suspension and Cancelation
At Mellow Services, we are committed to providing uninterrupted services to our valued users. However, in the event of non-payment, we have established clear procedures to ensure the fair and consistent management of your account.
Suspension: If a payment is not received by the due date, your account will be subject to suspension. The suspension will take effect on the day following the non-payment. During the suspension period, access to your account and services will be temporarily disabled.
Cancellation: If a payment is not received within 14 days from the suspension date, your account will be canceled. Upon cancellation, all data associated with your account will be permanently deleted. This includes any files, configurations, settings, and other data stored within our system. Please note that a cancellation fee may apply as outlined in the “Notice Regarding Illegal Activity” section.
We understand that circumstances can sometimes lead to delays in payments. If you encounter difficulties and anticipate a delay in making a payment, we urge you to reach out to by opening a ticket via discord or on the billing panel as soon as possible. Our team will work with you to find a suitable solution and prevent any service interruptions.
Your prompt attention to payment matters is crucial to maintaining the continuity of your services with Mellow Services. We encourage you to keep your payment information up to date and ensure that payments are made on time to avoid any inconvenience.
Termination/Access Restriction
Mellow Services reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mellow Services as a result of this agreement or use of the Site. Mellow Service’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mellow Service’s right to comply with governmental, court and law enforcement requests or requirements relating to you, or the Site or information provided to or gathered by Mellow Services with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mellow Services with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mellow Services with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Mellow Services reserves the right, in its sole discretion, to change the Terms under which mellowservices.com is offered. The most current version of the Terms will supersede all previous versions. Mellow Services encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Mellow Services welcomes your questions or comments regarding the Terms.
Email: support@mellowservices.com
Effective as of August 20, 2022